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<br />I <br /> <br />"I <br /> <br />f/; <br /> <br />r <br /> <br />84.- 006396 <br /> <br /> <br />u <br /> <br />~lEBRASKA <br />DEED OF TRUST, <br />SECURITY AGREEMENT, <br />AND FINANCING STATEMENT <br /> <br />THIS DELD OF TRUST, SECURITY AGREEMENT AND FINANCING <br />STATE1'lENT (the "Deed of Trust") I dated as of November 19 1984, <br />made by Garst Seed Company Limited Partnership, an Iowa <br />partnership ("Grantor") whose address is Coon Rapids, <br />to James R. McClymont, whose address is P. O. Box 1669, <br />Nebraska 69103, as Trustee ("Trustee") for the benefi,t <br />AgCredit Corporation, a Delaware corporation ("American") <br />address is 3033 South Parker Road, Suite 720, Aurora, <br /> <br />For valuable consideration, Grantor <br />veys to Trustee, in trust, with power of sale, the <br />described property situated in the County of Hall, <br />(the "State"): <br /> <br />See Exhibit A attached to and by this reference <br />of this Deed of Trust <br /> <br />Toqether ..i th: (a) all improvements now or at <lny time <br />thereon, and privileges, appurtenances, fixtures, rents, <br />pro:its re1atinq t;:ereta; (b) \vatcr, ditch, and resenroir <br />stock, however evidenced, appertaining to or used in <br />the property; Ie) any interest now owned or hereafter acquired <br />Grantor in any road, street, or avenue (opened or proposed), <br />of or adjoining the property or in and to any sidewalks, <br />strips and gores of land adjacent to or used in connection <br />property; and Id) all right, title, and interest of Grantor <br />all machinery, apparatus, equipment, irrigation equipment, <br />sprinklers, pivot systems, fittings, crops, and fixtures <br />kind and nature ',.'hatsoever, all furniture, furnishings, and <br />personal property now or at any time hereafter attached to or <br />any way in connection with the use, operation, and occupation of <br />b~ ~ldinqs or improvements lCCi'lted on the property. (The above- <br />described property, appurtenances, and privileges are <br />:eferred to as the "Property".) Grantor warrants that all real <br />pE:. ~ty taxes a, ,d t.lssessments ",.hieh are jue and payaiJle have been <br />in Eull and warrants the title to the Property except for thOse <br />listed as exceptions on Exhibit B attached to and by this <br />made a part of this Deed of Trust. This grant is for the purpose <br />securing the paYI:1cnt and performance of the Restated r~etter <br />dated May 31, 1984 en':ered into among the Grantor, The Garst <br />Corporation and American, as amended by letters dated November 15, <br />1984, November 16, 1984, November 19, 1984, and November 20, 1984 <br /> <br />L <br /> <br />..J <br /> <br />L <br /> <br />-.1 <br />